Canadian customs officials could soon work from border crossings on American soil.
This is according to a draft regulation published in the Canada Gazette in December.
The Covey Hill border crossing in Montérégie is currently the only location where this pilot project will take place. This border crossing connects Quebec with New York State. Canadian border officials are working on the other side of the border every day to conduct “preliminary clearance,” it said.
It's a sea change, says Mark Weber, president of the union that represents Canadian border officials. Doing this work in another country changes everything.
Agents would thus provide most of the usual services at the preclearance station in the United States itself.
The organization responsible for this publication, the Canada Border Services Agency (CBSA), emphasizes that this is a good way to save on infrastructure costs.
However, some legal issues still need to be resolved, both on the part of the union and on the part of the Canadian Bar Association.
Dilapidated
The small, remote port of entry in Covey Hill, Quebec, which is in dilapidated condition, would be moved to the U.S. side of the border and relocated to an established U.S. facility in Cannon Corners, New State. York, we read this government publication.
And that's the main reason for this whole project, it says: The CBSA operates 80 small, remote land ports of entry along the Canadian border, many of which are in varying states of disrepair. […] Establishing preclearance operations in the United States would be a cost-effective way to reduce the investment required to maintain these aging facilities […].
If the pilot project is approved, the federal government's proposed regulations will allow the program to be expanded to additional border crossings across the country.
Now is the time to make these changes, said Denis Vinette, CBSA vice president of travel. We are investing in infrastructure along the border, in both Canada and the United States, and this project will give us insight into the possibility of future co-locations in both Canada and the United States.
Preclearance is currently available at eight Canadian airports and a ferry terminal in Prince Rupert, British Columbia. This system allows passengers at these airports to be screened by U.S. officials while still on Canadian soil, meaning they do not have to wait in line and go to the airport upon arrival in the United States.
No Canadian official conducts preclearance on American soil for passengers traveling to Canada.
What about asylum seekers?
In Canada, foreign nationals who present themselves at a Canadian border crossing can apply for asylum. The draft regulation provides for several adjustments to the laws that regulate this practice at the planned pre-clarification stations.
Mr. Vinette states that American criminal law would apply to preclearance stations in the United States, but Canadian immigration and customs laws would also apply.
“So if you were wanted on an arrest warrant in the United States, our job would be to arrest you and hand you over to the American authorities,” explains the Vice President of the CBSA’s General Directorate of Travelers. However, if you wish to import seized or taxable goods into Canada, it is up to us to do so within the regulatory aspects of our work.
Mr. Vinette added that CBSA agents working in the United States would be trained in American law in the same way that American border agents working in Canadian airports would be trained in Canadian law.
But this proposal raises serious questions for immigration lawyers and for the union representing CBSA agents.
Among other things, the Canadian Bar Association wants to know whether the Canadian Charter of Rights and Freedoms would apply to pre-clearance clearance centers on American soil and wants to understand the impact of this change on asylum seekers.
At first glance, [ce projet-pilote] It doesn't sound like a bad idea, but it has many implications for many foreign nationals trying to enter Canada, warns Robert Israel Blanshay, a member of the association's immigration law department.
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A man removes personal belongings from a Canada Border Services Agency truck at an asylum seeker processing center in Quebec. (archive photo)
Photo: The Canadian Press / Graham Hughes
According to him, the proposed system could endanger asylum seekers. He believes that the CBSA should treat a person in accordance with Canadian law if that person informs an official at a pre-clearance station in the United States that he or she wants asylum.
Mr. Weber said his union had not yet been consulted on the proposed move and that he had many concerns about the health, safety and legal protections of CBSA officers assigned to positions on American territory.
The Second Part of the Canadian Labor Code [qui porte sur la santé et la sécurité au travail] Does this apply to these agents? What labor standards apply in another country?
He adds that the union also doesn't know what powers it has on American soil.
Will we have the right to seize, detain and arrest people? We do not know it.
Discreet public consultations
The draft regulation was published on December 16, the day after Parliament recessed for the Christmas holidays. On Friday, the CBSA announced that the public consultation period has been extended from Jan. 15 to Jan. 30. The federal government can issue final regulations after the consultation period has expired.
According to the CBSA, this arrangement is a prerequisite for continuing discussions with the United States regarding the implementation of this pilot project.
Mr. Blanshay claims the Canadian Bar has not had enough time to consider the proposal and is seeking a further extension.
With information from CBC's Elizabeth Thompson